More on the Magna Carta
- G. Noelke
- 1 day ago
- 6 min read
A few months back I mentioned on the My Pick of the Month portion of my site (found at the bottom of the home page) that I was reading some of the Magna Carta. Honestly, I felt a bit too lawyerly when I referenced it. Who has the inclination to read about an ancient foundational document about democracy except a lawyer? My purpose in doing so, to bring this home right away, was to make a larger point that the concept that my local government can't take my property, even by flooding it, without first providing me due process was born from the Magna Carta.
The Magna Carta came to life again this week when Harvard Law School discovered that their copy of the document was in fact authentic. I'm going to turn over the significance of this to historian Heather Cox Richardson and publish below the entirety of her May 15, 2025 newsletter that addresses the find. This is an essential dive into the foundations of democracy, folks, but worthwhile because it is difficult to find anything as concise. Here it is, with her links at the bottom if you wish to dig further still:
Perhaps in frustration, this season’s writers of the saga of American history are making their symbolism increasingly obvious.
Today the story broke that a long-neglected document held by Harvard University Law School, believed to be a cheap copy of the Magna Carta, is in fact the real document. More than 700 years ago, the Magna Carta, or Great Charter, established the concept that kings must answer to the law.
King John of England and a group of rebel barons agreed to the terms of the document on June 15, 1215, at Runnymede, a meadow a little less than an hour from London near the River Thames. After the king had raised taxes, barons rebelled, insisting that he was violating established custom. There were rumors of a plot to murder the king, and the barons armed themselves.
Those two armed camps met at Runnymede, where negotiators for the king and the barons hammered out a document with 63 clauses, mostly relating to feudal customs and the way the justice system would operate. But the document also began to articulate the principles central to modern democracies. The Magna Carta established the writ of habeas corpus—a prohibition on unlawful imprisonment—and the concept of the right to trial by jury.
Famously, it put into writing that: “No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.” It also provided that “To no one will we sell, to no one will we deny or delay right or justice.”
The Magna Carta placed limits on the king’s ability to tax his subjects and established the law as an authority apart from the king. Anticipating the idea of checks and balances, it set up a council of barons to make sure the king obeyed the charter. If he did not, they could seize his lands and castles until he made amends.
The original charter did not last. King John convinced the pope to declare the document illegal because it circumscribed the power of the monarch, and in reaction, barons fought for the rights outlined in the Magna Carta. After the death of King John in 1216, the Magna Carta was confirmed and reissued, becoming an accepted part of the understanding of British rights. In 1297, and then again in 1300, King Edward I reissued the Magna Carta and confirmed that it was part of England’s law.
The copy in Harvard’s possession is from 1300. Harvard bought the document after World War II for $27.50, about $500 today. It is one of seven original copies of the 1300 Magna Carta, and in the United States of America in 2025, it is priceless.
In the early 1600s, King James I and King Charles I both reasserted the power of the king. Jurist Sir Edward Coke used the Magna Carta to insist that longstanding English customs guaranteed liberties to British subjects and required the king to comply with the law. There were limits to a king’s power to tax his subjects and his power to punish them.
This legal struggle was unfolding just as British subjects were colonizing the North American continent, and the charters of the new colonies echoed Coke’s arguments. The 1629 charter of the Massachusetts Bay Company, for example, established that colonists and, crucially, the children they might have in the colony, “shall have and enjoy all liberties and Immunities of free and naturall Subiects.”
As constitutional scholar Mary S. Bilder notes, lawyers and political figures put into the documents of the early British settlement of North America the belief that liberties were the birthright of English subjects. That belief informed colonists’ opposition to the 1765 Stamp Act, which imposed a new tax to which they had not given their consent and called for those who violated the law to be tried not by a jury of their peers but rather in admiralty courts. The Massachusetts Assembly declared the Stamp Act to be “against the Magna Carta and the natural rights of Englishmen, and therefore, according to Lord Coke, null and void.” British politician William Pitt told Parliament: “The Americans are the sons not the bastards of England.”
In September 1774, as tensions between the king and the colonists intensified, the first Continental Congress met in Philadelphia and wrote a declaration of rights and grievances, claiming the liberties guaranteed by “the principles of the English constitution, and the several charters or compacts.” Showing the unity of the colonies, the Congress published an image of 12 arms holding a column crowned by a liberty cap and resting on the words “Magna Carta.”
In 1776 the colonists threw off the monarchy to establish a government based on the idea that all people must answer to the law. As Thomas Paine wrote in Common Sense: “in America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.” In 1776 the new states were writing their own constitutions that defended their liberties, including their protection from loss of life, liberty, or property without due process of the law.
That concept went directly into the first ten amendments to the Constitution, known collectively as the Bill of Rights. The Fifth Amendment provided that no “person shall be…deprived of life, liberty, or property, without due process of law,” and in 1868 the Fourteenth Amendment applied that principle to the states as well as the federal government, saying: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The Harvard document is not the only Magna Carta in the U.S. In 2007, philanthropist David Rubenstein bought a 1297 copy of the Magna Carta from former presidential candidate Ross Perot. It was the only copy in the U.S., and Perot had permitted the National Archives to display it. Rubenstein bought the document for $21.3 million, hoping to keep it in the U.S. “to ensure that Americans could continue to see it, and to thereby be continuously reminded of its importance to our country.” He promptly lent it to the National Archives for public display, “as modest repayment of my debt to this country for my good fortune in being an American.”
And yet the fundamental principles on which the government of the United States is based are under attack. In an interview that aired on Sunday, May 4, President Donald J. Trump told NBC’s Kristen Welker that he “didn’t know” if persons in the United States had a right to due process. When Welker reminded him that the right to due process is written into the Fifth Amendment, he said: “I don’t know. It seems—it might say that, but if you’re talking about that, then we’d have to have a million or two million or three million trials.”
Musician Bruce Springsteen has no doubts about those rights, embedded as they are in the country’s DNA. At a concert in Manchester, England, yesterday, he warned: “In America, the richest men… [are]... abandoning our great allies and siding with dictators against those struggling for their freedom. They’re defunding American universities that won’t bow down to their ideological demands. They’re removing residents off American streets and, without due process of law, are deporting them to foreign detention centers and prisons. This is all happening now.” He criticized lawmakers who have “no…idea of what it means to be deeply American.”
And yet, Springsteen told the crowd: “The America that I’ve sung to you about for 50 years is real and, regardless of its faults, is a great country with a great people, so will survive this moment.”
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Notes:
Mary Sarah Bilder, Charter Constitutionalism: The Myth of Edward Coke and the Virginia Charter,” North Carolina Law Review 94 (June 2016): 1545–1592, at https://scholarship.law.unc.edu/cgi/viewcontent.cgi
Copyright 2025 G. Noelke, except the entirety of Ms. Cox Richardson's newsletter, of course.
